300612700-3-28-2023-06-CC-JHAN-CQRN7T-20230410101317

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 300612700
Report Date: 03/28/2023
Date Signed: 03/28/2023 01:13:59 PM

Substantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

This is an official report of an unannounced visit/investigation of a complaint received in our office on
03/21/2023 and conducted by Evaluator Carmen Odom

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20230321133019

FACILITY NAME:	ORTIZ-FROSH, MARIA		FACILITY NUMBER:	300612700
ADMINISTRATOR:	ORTIZ-FROSH, MARIA		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(714) 832-0805
CITY:	SANTA ANA	STATE: CA	ZIP CODE:	92705
CAPACITY:	14	CENSUS: 4	DATE:	03/28/2023
		UNANNOUNCED	TIME BEGAN:	08:50 AM
MET WITH:	Maria Ortiz-Frosh - Licensee		TIME COMPLETED:	01:30 PM

ALLEGATION(S):

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Licensee did not prevent day care child from smelling like smoke
Facility smells like smoke

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPAs) Carmen Odom and Archibaldo Silva conducted an unannounced complaint inspection. At 8:50am, LPAs met with Licensee, Maria Ortiz-Frosh who guided LPA on a tour of the facility. Census was taken and there was a total of 3 infants in care with 1 assistant. At 10:00am infant #4 arrived.
A review of staff records on this date indicated that all facility staff or other individuals who required caregiver background checks have received criminal record and child abuse index clearances or exemptions.

The Department received a complaint on 03/21/23 alleging licensee did not prevent day care child from smelling like smoke and facility smells like smoke. The complaint party (CP) alleged for the last six months child’s hair and clothes smells like smoke. CP has not observed anyone smoking cigarettes in the facility, but the smoke might be coming into the childcare room from inside the home.

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Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Judy Hanson	TELEPHONE: (714) 703-2807
LICENSING EVALUATOR NAME: Carmen Odom	TELEPHONE: (714) 703-2819
LICENSING EVALUATOR SIGNATURE:	DATE: 03/28/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/28/2023

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20230321133019

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: ORTIZ-FROSH, MARIA	FACILITY NUMBER: 300612700
	VISIT DATE: 03/28/2023

NARRATIVE

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During the investigation LPA Odom interviewed Licensee, 1 staff, 1 adult and 3 parents. LPA Odom reviewed the Children’s Roster. None of the children qualified for interviews.

On 3/28/23 LPAs walked into the childcare room through the backyard entrance and did not smell smoke inside the childcare room. On 03/10/23 during an annual inspection Licensee granted entrance into the facility through the front door. Licensee walked LPAs to the childcare area that is in a separate enclosed room towards the left of the home next the garage. LPAs smelled cigarette smoke inside the living and on adult #1 (A1) during the annual inspection. LPAs gave licensee a technical violation on 03/10/23 due to the smell of cigarette on the premises. LPAs did not smell cigarette smell inside the childcare area, but the smell was present while A1 was present or if the door that goes into the living room would open.

During an interview on 03/28/23, Licensee (S1) stated A1 is not an assistant in the childcare facility. A1 only provides assists in the childcare facility in case something breaks down or needs to be fixed right away. S1 stated A1 does not smoke inside or outside the childcare area. A1 smokes outside in the patio on the other side of the home away from the childcare area.

During an interview on 03/28/23, Staff #2 (S2) stated A1 is the only adult that smokes in the premises but A1 does not smoke inside or outside the childcare areas. S2 stated A1 comes into the childcare facility on occasions when S1 needs something fixed. S2 disclosed it does smell like smoke in the childcare room when A1 walks through the childcare room. S2 stated A1 does not supervise the children in care.

During an interview on 03/28/23, Adult #1 (A1) stated they do not work or supervise children in the childcare facility. They assist S1 with the childcare facility if something is broken or needs A1 to bring something into the facility. A1 disclosed they do smoke on the premises on the other side of the home away from the childcare area or outside in the backyard which is also on the other side of the home from the outdoor play area of the childcare area. A1 stated when the childcare room was built it was built with separate ventilation, power, and air conditioning. A1 stated the smell of smoke is on their clothing.

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SUPERVISOR'S NAME: Judy Hanson	TELEPHONE: (714) 703-2807
LICENSING EVALUATOR NAME: Carmen Odom	TELEPHONE: (714) 703-2819
LICENSING EVALUATOR SIGNATURE:	DATE: 03/28/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/28/2023

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20230321133019

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: ORTIZ-FROSH, MARIA	FACILITY NUMBER: 300612700
	VISIT DATE: 03/28/2023

NARRATIVE

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LPA Silva attempted to interview 5 parents, however only 3 parents were available for interviews. None of the parents disclosed any concerns and all the parents are satisfied with the childcare facility.

Based on LPA’s facility inspection, observations, interviews conducted with licensee, 1 assistant, 1 adult, 3 parents, and records reviewed it has been determined that there is a penetrating smell of cigarette on the premises. Therefore, the preponderance of evidence standard has been met, therefore the above allegation is found to be Substantiated.

In the areas that were evaluated, the facility was not in compliance of the California Code of Regulations, Title 22, Division 12. The following citation under Smoking Prohibited 102424(a) and was issued today on the attached LIC 809D.

Exit interview conducted and report was reviewed with the licensee Maria Ortiz-Frosh in Spanish. A notice of site visit was given and must remain posted for 30 days.

Appeal Rights were explained. The Licensee was provided a copy of appeal rights (LIC 9058 01/16) and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the Regional Office within 15 business days. First level appeals should be sent to the regional manager to the address listed above.

SUPERVISOR'S NAME: Judy Hanson	TELEPHONE: (714) 703-2807
LICENSING EVALUATOR NAME: Carmen Odom	TELEPHONE: (714) 703-2819
LICENSING EVALUATOR SIGNATURE:	DATE: 03/28/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/28/2023

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20230321133019

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: ORTIZ-FROSH, MARIA	FACILITY NUMBER: 300612700
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 03/28/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 03/28/2023 Section Cited CCR 102424(a)	1 2 3 4 5 6 7	102424(a) Smoking Prohibited. Smoking is prohibited on the premises of a family child care home as specified in Health and Safety Code Section 1596.795(a). This requirement is not met as evidenced by:	1 2 3 4 5 6 7	Licensee stated adult #1 will not come into the childcare facility during operation hours, if something needs to be fixed it will be after hours. Adult #1 cannot smoke on the premises during childcare operation hours.
	8 9 10 11 12 13 14	During inspection conducted on 3/10/23 and today's visit, LPAs smelled cigarette smell on adult #1 and on the premisis. This poses a potential risk to the health and safety of the children in care.	8 9 10 11 12 13 14
	1 2 3 4 5 6 7		1 2 3 4 5 6 7
	1 2 3 4 5 6 7		1 2 3 4 5 6 7

Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.

SUPERVISOR'S NAME: Judy Hanson	TELEPHONE: (714) 703-2807
LICENSING EVALUATOR NAME: Carmen Odom	TELEPHONE: (714) 703-2819
LICENSING EVALUATOR SIGNATURE:	DATE: 03/28/2023

I acknowledge receipt of this form and understand my appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/28/2023

LIC9099 (FAS) - (06/04)

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